State ex rel. Doner v. Zody

{¶ 1} This is an action by relators, owners of land located downstream from the western spillway of Grand Lake St. Marys, for a writ of mandamus to compel respondents, the Ohio Department of Natural Resources (“ODNR”) and its director, Scott A. Zody, 1 to initiate appropriation proceedings for the physical taking of their property resulting from flooding caused by a spillway constructed by respondents and the state’s lake-level-management practices. We find that relators’ claim is not barred by the applicable statute of limitations and that they have established a taking; therefore, we grant…